Legal Opinion

Gallagher v. State

Supreme Court of Florida

Decided September 26, 1991No. 77213PublishedCited by 2 opinions

1Opinion of the Court

BARKETT, Justice.

We review Gallagher v. State, 570 So.2d 442 (Fla. 3d DCA 1990), in which the district court certified the following question of great public importance: *

Whether the numerical result of the blood alcohol test taken ... after the defendant’s last operation of a motor vehicle is admissible evidence where the state’s expert witness would testify that the numerical reading would not be the [blood alcohol level (BAL)] at the time the defendant was operating the vehicle, where that witness was unable to testify what the defendant’s BAL was at the time he was operating the vehicle,…

2Cases cited3 opinions

  1. Miller v. StateSupreme Court of Florida · 1991
  2. State v. MillerDistrict Court of Appeal of Florida · 1989
  3. Gallagher v. StateDistrict Court of Appeal of Florida · 1990

3Cited by2 opinions

  1. Miller v. StateSupreme Court of Florida · 1991
  2. Gallagher v. StateDistrict Court of Appeal of Florida · 1992

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